In relation to real estate matters, Title Insurance can help overcome challenges to legal title, boundary issues, incapacity of prior owners, restrictive covenants, chancel repair liability, rights to light and missing searches. Furthermore, in the context of corporate structures, Title Insurance can also provide coverage for title to shares and missing share certificates.

In general, there are two main types of policy:

i) Title to Property

A Title to Property policy covers a challenge to legal title of the property including:

  • mortgage fraud
  • boundary issues
  • sellers’ misrepresentation
  • incapacity of prior owners

ii) Title to Shares

A Title to Shares policy covers a challenge to legal title to the shares including:

  • beneficial ownership
  • sellers’ incapacity
  • defective documents

In relation to real estate assets, policies can also be arranged to include cover for identified issues including:

  • restrictive covenants
  • chancel repair liability
  • rights to light
  • missing searches

Coverage and important points to note

The insured will be the owner, a buyer, a lender or financing institution / bank. They can also protect any entity with an interest in the underlying assets, often including successors in title.

The policy period can survive duration of ownership and can be assigned to future buyers or successors in title.

Purchasers of Title Insurance often buy up to the full purchase price value of the business / asset / property to ensure the most comprehensive cover is afforded.

The one-off policy premium is calculated as a percentage of the policy limit and the rate will be determined based on factors such as location of the assets and nature of the risk. Premium rates are typically very competitive.

Process

Title Insurance policies can be put into place quickly and efficiently due to the nature of the underlying risk and the expertise in the market. Title policies can be issued as standalone policies or certain elements can be accommodated into a Warranty and Indemnity (W&I) process to ensure the most effective solution is placed.

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